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Broadcasting Notice of Public Hearing CRTC 2005-10

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Broadcasting Notice of Public Hearing CRTC 2005-10

The Commission will hold a public hearing commencing on 16 January 2006 at 9:00 a.m., at the Commission Headquarters, 1 Promenade du Portage, Gatineau, Quebec, to consider the following applications. The deadline for submission of interventions/comments is 20 December 2005.

These items involve competitive radio applications for Winnipeg and Moose Jaw which the Commission proposes to consider, subject to interventions, as part of the non-appearing phase of this proceeding.

Application by Rainbow Media Group Inc. for a licence to operate an English-language FM commercial radio programming undertaking in Toronto.

The new station would operate on frequency 103.9 MHz (channel 280A1) with an effective radiated power of 50 watts (non-directional antenna/antenna height of 131.5 metres). The proposed frequency would be second adjacent to the applicant's own station CIDC-FM, on 103.5 MHz.

The proposed station would be called Rainbow Radio. Its proposed format would include spoken word & music programming designed and oriented to serve Toronto's Gay and Lesbian community through a reflection of the communities interests, concerns and activities.

Music programming would consist of an adult AC/Pop variety music mix that will feature various musical styles and genres including Pop, Top 40, Classic Hits, Dance, R&B, Euro, Easy Listening,World Beat and Jazz.

Application by A. Fitzroy Gordon, on behalf of a corporation to be incorporated, for a licence to operate an English-language FM commercial specialtyradio programming undertaking in Toronto.

The new station would operate on frequency 98.7 MHz (channel 254B1) with an average effective radiated power of 508 watts (maximum effective radiated power of 1,000 watts/antenna height of 276.8 metres).

The applicant proposes to broadcast a World Beat and Non-classic religious music format with at least 50% of its weekly music drawn from subcategory 33 (World beat and international).

The service will be targeted to the local Caribbean and African communities.

The Commission will only proceed with this application at the public hearing if advised by the Department of Industry, at least twenty days prior to the hearing, that it is technically acceptable.

Application by 4284186 Canada Inc. for a licence to operate a FM commercial specialty (ethnic) radio programming undertaking in Winnipeg.

The new station would operate on frequency 104.7 MHz (channel 284B) with an average effective radiated power of 6,500 watts (maximum effective radiated power of 10,000 watts/antenna height of 206.1 metres).

By condition of licence, the applicant proposes to direct ethnic programming to a minimum of 15 cultural groups in a minimum of 15 different languages per broadcast week.

Application by Wayne P. Soper, on behalf of a corporation to be incorporated, for a licence to operate a Category 2 national English-language specialty programming undertaking to be known as Smart Living Television (SLTV).

The applicant states that the programming will consist of programs devoted to advancing sustainability of the earth, in all of its dimensions - environment, society, economy - and from various perspectives including agricultural, financial, community, ecological and personal sustainability. SLTV will focus on global sustainability interests and trends, conservation, environment and biosphere issues, as well as sustainability based actions related to: personal lifestyle choices, business enterprise, corporate social responsibility, public policies and community planning.

The applicant proposes to offer programming from the following categories: 1, 2(a), 2(b), 3, 5(b), 6(b), 7(c), 7(d), 8(b), 11, 12, 13 and 14 as set out in Schedule I of the Specialty Services Regulations, 1990.

In addition, the applicant proposes to accept the following conditions of licence :

a) No more than 10% of all programming broadcast during the broadcast week shall be drawn from Category 6(b). In addition, the applicant shall not broadcast live coverage of sporting events.

b) No more than 15% of all programming broadcast during the broadcast week shall be drawn from Category 7.

c) No more than 5% of all programming broadcast during the broadcast week shall be drawn from Category 8(b).

The applicant confirmed that the program schedule will consist of programs for children aged two to six, except from 9:00 p.m. to midnight, when the schedule may include programs of interest to parents of preschool children.

The applicant proposes to offer programming from the following categories: 2(a), 2(b), 5(a), 5(b), 7(a), 7(b), 7(c), 7(d), 7(e), 7(f), 7(g), 8(a), 8(b), 8(c), 9, 10, 11, 12, 13 and 14 as set out in Schedule I of the Specialty Services Regulations, 1990.

In addition, the applicant proposes the following licence conditions:

a) The applicant may not devote more than 10% of the broadcast week to programming in Category 8 (music).

b) The applicant may not devote more than 15% of programming for adults from 9:00 p.m. to midnight to programming in Category 7 (drama).

Application by Bhupinder Bola, on behalf of a corporation to be incorporated, for a licence to operate a Category 2 national English-language specialty programming undertaking to be known as The Horse Channel.

The applicant proposes to offer a service dedicated to horse racing, equestrian events, and coverage of the horse world and industry. The proposed programs will be designed to provide knowledge, information and superior viewpoint into the horse sporting industry. It will include commentary and analysis as well as features of interest from the horse racing industry and news items dedicated to horse racing matters.

The applicant proposes to offer programming from the following categories: 1, 2(a), 3, 5(b), 6(a), 6(b), 11 and 12 as set out in Schedule I of the Specialty Services Regulations, 1990.

Application by Bhupinder Bola, on behalf of a corporation to be incorporated,for a licence to operate a Category 2 national English-language specialty programming undertaking to be known as The Gaming TV Network.

The applicant states that the proposed service will address a growing audience need for programming about the world of gaming and gambling as entertainment. The programs are designed to provide knowledge and information on various types of games such as Poker, Lotteries, Bingo, Bridge, other card and electronic games. The proposed service will offer programming including features, documentaries, shorts, and Canadian original programs about gaming and gambling that will be knowledge-based and entertaining with a focus on providing unique insights into the daily events of the gaming and gambling world and its participants.

The applicant proposes to offer programming from the following categories: 1, 2(a), 2(b), 3, 5(b), 6(a), 6(b), 7(a), 7(b), 7(c), 7(d), 10, 11, 12, 13 and 14 as set out in Schedule I of the Specialty Services Regulations, 1990.

The applicant proposes that no more than 10% of all programming broadcast during the broadcast week shall be drawn from categories 7(a) and 7(b).

Further, the applicant proposes to not exhibit more than six feature films each broadcast week, with a maximum of four scheduled during the evening broadcast period. All feature films exhibited by the proposed service shall have been copyrighted at least five years prior to the broadcast year in which they are aired by the service.

Application by Phillip Koneswaran, on behalf of a corporation to be incorporated, for a licence to operate a Category 2 national and predominantely English-language specialty programming undertaking to be known as The Hindu Network.

The applicant states that the programming will consist of programs related to Hinduism as a religion. Programs will be offered in the English language (75%) and in the Tamil and Hindi languages (12.5% each).

The applicant proposes to offer programming from the following categories: 1, 2(a), 2(b), 3, 4, 5(a), 5(b), 7(d), 8(b), 8(c) 11 and 13 as set out in Schedule I of the Specialty Services Regulations, 1990.

Application by Telelatino Network Inc., on behalf of itself or on behalf of a corporation to be incorporated, for a licence to operate a Category 2 national English-language specialty programming undertaking to be known as RCS Television.

The applicant states that the proposed service will consist of programming devoted to rugby, cricket and soccer. The programming provided by the service will include both amateur and professional rugby, cricket and soccer matches as well as educational and instructional programs that will be designed to teach rugby, cricket and soccer enthusiasts all aspects of the games.

The applicant proposes to offer programming from the following categories: 1, 2(a), 2(b), 5(b), 6(a), 6(b), 7(c), 7(d), 11, 12, 13 and 14 as set out in Schedule I of the Specialty Services Regulations, 1990.

Application by Telelatino Network Inc., on behalf of itself or on behalf of a corporation to be incorporated, for a licence to operate a Category 2 national English-language specialty programming undertaking to be known as Soccer Television.

The applicant states that the proposed service will consist of programming devoted to soccer. The programming provided by the service will include both amateur and professional soccer matches as well as educational and instructional programs that will be designed to teach soccer enthusiasts all aspects of the game.

The applicant proposes to offer programming from the following categories: 1, 2(a), 2(b), 5(b), 6(a), 6(b), 7(c), 7d, 11, 12, 13 and 14 as set out in Schedule I of the Specialty Services Regulations, 1990.

Application by Asian Television Network International Limited (ATN) for a licence to operate a Category 2 national English-language pay television programming undertaking to be known as ATN - Asian Sports Network (ASN).

The applicant states that the programming will consist of sports mainly from the South Asian continent - kabaddi, field hockey, ball hockey, Asian soccer, caromboard and cricket.

The applicant proposes to offer programming from the following categories: 1, 2(a), 6(a), 6(b) and 13 as set out in Schedule I of the Specialty Services Regulations, 1990.

Application by Asian Television Network International Limited (ATN) for a licence to operate a Category 2 national English-language pay television programming undertaking to be known as ATN - Cricket Channel I.

The applicant states that the programming will consist of cricket coverage from around the world as well as local cricket games.

The applicant proposes to offer programming from the following categories: 2(a), 2(b), 3, 6(a), 6(b) and 13 as set out in Schedule I of the Specialty Services Regulations, 1990.

Application by Asian Television Network International Limited (ATN) for a licence to operate a Category 2 national English-language pay television programming undertaking to be known as ATN - Cricket Channel II.

The applicant states that the programming will consist of cricket coverage from around the world as well as local cricket games.

The applicant proposes to offer programming from the following categories: 2(a), 2(b), 3, 6(a), 6(b) and 13 as set out in Schedule I of the Specialty Services Regulations, 1990.

Application by Cookie Jar Entertainment Inc. , on behalf of a corporation to be incorporated, for a licence to operate a Category 2 national English-language specialty programming undertaking to be known as Cookie Jar Educational TV.

The applicant states that the programming will consist of core curriculum educational programs and interactivity, or education through interaction, in areas such as, but not limited to, language, mathematics, science and technology. This core curriculum programming will be consistent with prevailing educational standards established by competent educational authorities from time to time. The service's educational programming will place significant emphasis on interactivity and will be directed at a target audience of children from pre-kindergarten age to grade 6 and their teachers/educators, parents and caregivers. Approximately 65% of the programming will target children from pre-kindergarten to grade 6 and their teachers/educators. Approximately 35% of the programming will target parents and caregivers of these children and will include programming such as expert advice, activities and homework help, among others. Overall, programming on the service will focus on curriculum specified strands and/or achievement levels paying special attention to the roles and responsibilities of teachers/educators, parents and caregivers, in addition to the target audience of children.

The applicant proposes to offer programming from the following categories: 2(a), 2(b), 3, 5(a), 5(b), 7(a), 7(b), 7(c), 7(e), 8(a), 8(b), 8(c), 9, 10, 11, 12, 13 and 14 as set out in Schedule I of the Specialty Services Regulations, 1990.

In addition, the applicant proposes to abide by the following conditions of licence:

a) The applicant shall devote 70% of its programming to category 5(a) and 5(b) as measured over the broadcast week for the months of September through June.

b) The applicant shall devote 70% of its programming to category 5(a) and 5(b) as measured over the broadcast month for the months of July and August.

c) The applicant shall neither solicit nor broadcast any advertising except in the case of program sponsorship. Such statements may incorporate the name of the sponsor, the business address, hours of business and a brief general description of the types of services or products that the sponsor provides, including the price, name and brand name of the product. Such statements must not contain references to convenience, durability or desirability or contain other comparative or competitive reference.

d) The applicant will broadcast no more than 10% of its programming from category 8 (music) as measured over the broadcast week.

e) Not less than 50% of the applicant's category 5(a) and 5(b) programming will be comprised of five to ten-minute programming segments.

f) All programs broadcast between 6 a.m and 9 p.m. shall have as their target audience children from pre-kindergarten to grade 6.

Application by Cookie Jar Entertainment Inc., on behalf of a corporation to be incorporated, for a licence to operate a Category 2 national French-language specialty programming undertaking to be known as Télévision éducative Cookie Jar.

The applicant states that the programming will consist of core curriculum educational programs and interactivity, or education through interaction, in areas such as, but not limited to, language, mathematics, science and technology. This core curriculum programming will be consistent with prevailing educational standards established by competent educational authorities from time to time. The service's educational programming will place significant emphasis on interactivity and will be directed at a target audience of children from pre-kindergarten age to grade 6 and their teachers/educators, parents and caregivers. Approximately 65% of the programming will target children from pre-kindergarten to grade 6 and their teachers/educators. Approximately 35% of the programming will target parents and caregivers of these children and will include programming such as expert advice, activities and homework help, among others. Overall, programming on the service will focus on curriculum specified strands and/or achievement levels paying special attention to the roles and responsibilities of teachers/educators, parents and caregivers, in addition to the target audience of children

The applicant proposes to offer programming from the following categories: 2(a), 2(b), 3, 5(a), 5(b), 7(a), 7(b), 7(c), 7(e), 8(a), 8(b), 8(c), 9, 10, 11, 12, 13 and 14 as set out in Schedule I of the Specialty Services Regulations, 1990.

In addition, the applicant proposes to abide by the following conditions of licence:

a) The applicant shall devote 70% of its programming to category 5(a) and 5(b) as measured over the broadcast week for the months of September through June.

b) The applicant shall devote 70% of its programming to category 5(a) and 5(b) as measured over the broadcast month for the months of July and August.

c) The applicant shall neither solicit nor broadcast any advertising except in the case of program sponsorship. Such statements may incorporate the name of the sponsor, the business address, hours of business and a brief general description of the types of services or products that the sponsor provides, including the price, name and brand name of the product. Such statements must not contain references to convenience, durability or desirability or contain other comparative or competitive reference.

d) The applicant will broadcast no more than 10% of its programming from category 8 (Music and Dance) as measured over the broadcast week.

e) Not less than 50% of the applicant's category 5(a) and 5(b) programming will be comprised of five to ten-minute programming segments.

f) All programs broadcast between 6 a.m and 9 p.m. shall have as their target audience children from pre-kindergarten to grade 6.

Application by Leland Klassen, on behalf of a corporation to be incorporated, for a licence to operate a Category 2 national English-language specialty programming undertaking to be known as the National Lacrosse Network.

The applicant states that the service will be dedicated to the game of lacrosse. Programming will consist of lacrosse news, current affairs programs, instructional, coaching and training workshops, historical events, statistics, insights and analysis of the game, interviews, star profiles as well as some professional and amateur lacrosse games.

The applicant proposes to offer programming from the following categories: 1, 2(a), 2(b), 3, 5(b), 6(a), 6(b), 9, 10, 11, 12, 13 and 14 as set out in Schedule I of the Specialty Services Regulations, 1990.

Application by Rogers Broadcasting Limited (Rogers) for a licence to operate an English-language radio network to broadcast the hockey games of the Calgary Flames during the 2005-2006, 2006-2007 and 2007-2008 seasons.

Rogers indicates that the programming would originate from its station CFAC Calgary.

The intervention must be received by the CRTC and by the applicant on or before the above-mentioned date. The Commission cannot be held responsible for postal delays.

The intervention must include one of the following statements in either the first or the last paragraph:

1 - I request to appear at the public hearing.
2 - I do not want to appear at the public hearing.

Your intervention will be considered by the Commission, and will form part of the public record of the proceeding without further notification to you, provided the procedure set out below has been followed. You will be contacted only if your submission raises procedural questions.

Submit your written intervention to the Secretary General of the Commission in only one of the following formats:

by using theBroadcasting Intervention/Comments Form
located below the description of each application within this notice of public hearing

or

by mail to CRTC, Ottawa, Ontario K1A 0N2

or

by fax at (819) 994-0218

A true copy must be sent to the applicant and proof that this has been done must accompany the intervention sent to the Commission.

The Commission advises those who file and serve by electronic mode to exercise caution when using e-mail for service of documents or notification, as it may be difficult to establish that service has occurred.

Before initiating service through electronic mode, please ensure that you will be able to satisfy the Commission, upon request, that service of the notification was completed.

Where the intervention is filed by electronic means, the line ***End of document*** should be entered following the last paragraph of the document, as an indication that the document has not been damaged during electronic transmission.

Each paragraph of the document should be numbered.

Your intervention should clearly identify the application and indicate whether you support or oppose the application, or if you propose changes to it, include the facts and grounds for your proposal.

In the event that the application is brought to the oral phase of the hearing, and if you wish to appear, you must provide reasons why your written comments are not sufficient and why an appearance is necessary.

Persons requiring communications support such as assistance listening devices and sign language interpretation are requested to inform the commission at least twenty (20) days before the commencement of the public hearing so that the necessary arrangements can be made.

Important

All information submitted, including your email address, name and any other personal information as provided, will become part of the public record and can be viewed on the Commission's Web site.

Documents sent in electronic format will be put on the Commission's Web site exactly as we received them, and in the official language and format in which they are sent. Documents not received electronically will be scanned and put on the Web site.

Examination of documents

An electronic version of applications is available from the Commission's web site by selecting the application number within this notice.

A list of all interventions/comments will also be available on the Commission's Web site. An electronic version of all interventions/comments submitted will be accessible from this list. To access the list, select "Lists of interventions/comments" under "Public Proceedings" from the Commission's Web site.

Documents are also available during normal office hours at the local address provided in this notice and at the Commission offices and documentation centres directly involved with these applications or, upon request, within 2 working days, at any other CRTC offices and documentation centres.